Today’s correspondent is ‘… a registered nurse and registered paramedic in Queensland’ working as an:

… RN at a small, rural and remote healthcare facility, not QAS employed. This facility has a ‘hospital-based ambulance’ whereby nurse(s) attend 000 calls in the local area as first responders.

We receive contact from the same dispatchers as QAS paramedics do and drive an older QAS owned, fully equipment ambulance vehicle. I’ve read over the act and transport regulations and my interpretation is that I am definitely considered the driver of ‘an emergency vehicle operated … on behalf of’ QAS.  Would you make the same interpretation? And should I consider myself exempt under road rule 306?

I’ve had discussion recently with peers and senior colleagues who say no way to going over speed limit under any circumstances despite the fact I’m in a vehicle that says ambulance all over it and is fully equipped with lights and sirens. Half of the time we are dispatched to code 1 emergencies, same as paramedics …

Transport Operations (Road Use Management–Road Rules) Regulation 2009 (Qld)

We should all be familiar with r 306 of the National Road Rules, incorporated into the Queensland law by the Transport Operations (Road Use Management–Road Rules) Regulation 2009 (Qld), says:

A provision of this regulation does not apply to the driver of an emergency vehicle if—

(a) in the circumstances—

(i) the driver is taking reasonable care; and

(ii) it is reasonable that the provision should not apply; and

(b) the vehicle is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

We then need to define ‘emergency vehicle’.  The Dictionary is set out in schedule 5. Emergency vehicle means

… a vehicle driven by a person who is—

(a) an emergency worker; and

(b) driving the vehicle in the course of performing duties as an emergency worker.

We then need to look to the definition of  ‘emergency worker’, which is:

(a) an officer of the Queensland Ambulance Service or an ambulance service of another State; or

(b) a fire officer under the Fire and Emergency Services Act 1990 or a fire and rescue service of another State; or

(c) an officer or employee of another entity with the written permission of the commissioner.

My correspondent specifically says they are not employed by QAS. They are not therefore an emergency worker unless the Commissioner has given written permission.

So where does my correspondent get the phrase ‘an emergency vehicle operated … on behalf of’ QAS’.  That sounds like the phrase used in the Road Safety Road Rules 2017 (Vic) and discussed in the post What is a vehicle that is ‘operated by or on behalf of and under the control’ of Ambulance Victoria? (July 21, 2017) but as I have noted, that is not the language of the Transport Operations (Road Use Management–Road Rules) Regulation 2009 (Qld).

Transport Operations (Road Use Management–Vehicle Standards and Safety) Regulation 2021 (Qld)

The Transport Operations (Road Use Management–Vehicle Standards and Safety) Regulation 2021 (Qld) Sch 1 incorporates the light vehicle standards into Queensland law.  That schedule says that an exempt vehicle may be fitted with flashing warning lights (cl 114(1)) and an emergency vehicle may be fitted with a siren (cl 33(2)).

For the purpose of that regulation an exempt vehicle includes an emergency vehicle (cl 114(6)).  An emergency vehicle is defined in Sch 1, cl 3 as:

… a motor vehicle—

(a) fitted with—

(i) a repeater horn or siren; or

(ii) a flashing warning light; and

(b) driven by—

(i) an officer of the Queensland Ambulance Service or an ambulance service of another State in the course of the officer’s duty; or\

(ii) an officer of the Queensland Fire and Emergency Service or a fire and emergency service, however called, of another State in the course of the officer’s duty; or

(iii) an officer or employee of another entity with the written permission of the commissioner in the course of the officer’s or employee’s duty.

That is consistent with the definition in the Transport Operations (Road Use Management–Road Rules) Regulation 2009 (Qld) and does not include my correspondent who tells me they are not ‘QAS employed’.

Conclusion

My correspondent is not an employee of the Queensland ambulance service and therefore they are not an emergency worker nor is their vehicle an emergency vehicle. They have no exemption from the Queensland Road Rules and the vehicle should not be ‘fully equipped with lights and sirens’ unless the Commissioner of Police (Transport Operations (Road Use Management) Act 1995 (Qld) Sch 4) has given written permission for an employee of the ‘small, rural and remote healthcare facilty’ to drive the vehicle as an emergency vehicle.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.